Terms of service

This is a translation. The Norwegian version prevails.

1. The agreement and the parties

1.1. These terms are the agreement between Arkiflyt AS, organisation number 838 585 302 (“Arkiflyt”, “we”) and the business that starts using the service (the “Customer”). The service is made for businesses and is not offered to consumers.

1.2. The agreement is entered into when a person authorised to bind the Customer created the organisation in the service or otherwise accepted the terms. The person accepting warrants that the authority exists.

1.3. The agreement consists of these terms, the data processing agreement with the list of sub-processors, and what has been agreed on price and scope in the order. In case of conflict, the order prevails over the terms, and the data processing agreement over both as regards the processing of personal data. The privacy policy is information and not part of the agreement.

2. The service

2.1. Arkiflyt is a web-based service for architecture practices, with an accompanying desktop app: projects and documents, building applications and notices, quality assurance, tenders and offers, CVs, meetings, tasks and planning, with AI-assisted analysis and drafting.

2.2. We develop the service continuously and may change, add and remove features. If we remove a feature on which the Customer materially depends, we give at least 30 days’ notice, and the Customer may then terminate under clause 13.2 with effect from the change and be refunded prepaid fees for the period after.

2.3. Features marked as beta or preview are provided as they are and may be changed or removed without notice.

2.4. Professional responsibility. Arkiflyt is an aid. Suggestions, drafts, checklists, regulatory extracts and assessments from the service, including those made with AI, must be checked by a professional before they are used. The Customer has the professional responsibility for what the Customer sends to clients, neighbours and authorities, and for the requirements of the Norwegian Planning and Building Act and its regulations being met. Regulations and municipal requirements reproduced by the service are taken from public sources and may be incomplete or outdated.

3. Users and access

3.1. The Customer decides who gets a user account and which role they have, and is responsible for what the users do in the service. Accounts are personal and must not be shared.

3.2. The Customer shall ensure that users keep their sign-in secret, and notify us without undue delay on suspicion of unauthorised access.

3.3. Whoever shares a link from the service, for example an upload link for a consultant or a project plan, gives the recipient the access the link describes. The Customer is responsible for whom the links are shared with, and can revoke them.

4. The Customer’s content

4.1. The Customer owns its content. Everything the Customer and the Customer’s users put into the service, and what the service produces on the basis of it, belongs to the Customer. The agreement transfers no rights in the content to us.

4.2. Our licence is limited to running the service. We may store, copy, display and process the content to the extent necessary to provide the service to the Customer, secure it and fix faults. We do not use the content for anything else.

4.3. No training. We do not train AI models on the Customer’s content, and we do not permit our sub-processors to do so.

4.4. We only look at the Customer’s content when it is necessary for operations, troubleshooting or support, or when the law requires us to.

4.5. The Customer is responsible for the content being lawful, for the Customer having the right to use it, and for there being a legal basis for the personal data the Customer enters, including about neighbours and others who are not themselves users.

4.6. Statistics that cannot be linked to the Customer or to individuals, for example how many use a feature, may be used by us to improve the service.

5. Acceptable use

The Customer shall not use the service for anything unlawful, upload malicious code, attempt to gain access to the data of others, circumvent technical limits, extract data by automated means in a way that burdens the service unreasonably, or resell the service. The service is not made for special categories of personal data, such as health data, or for national identity numbers.

6. AI features

6.1. The AI features run on models from the providers in the list of sub-processors. Where the processing takes place, and on what basis data is transferred out of the EU/EEA, is stated in Appendix C.6 of the data processing agreement.

6.2. AI use is settled against the organisation’s AI balance as shown in the service at any time. When the balance is used up, the AI features stop until it is topped up. The rest of the service works as before.

6.3. If the Customer enters its own key with an AI gateway, the calls run on the Customer’s own account with the gateway, and the Customer’s agreement with the gateway applies to them.

7. Price and payment

7.1. Price and scope follow from the order. All prices exclude value added tax.

7.2. We invoice in advance for the agreed period, with payment due in 14 days. Late payment accrues interest under the Norwegian Act on Interest on Overdue Payments.

7.3. We may change the prices with 60 days’ notice, with effect from the next agreement period. The Customer may terminate before the change takes effect.

7.4. If an invoice is unpaid 30 days after the due date and after a written reminder, we may suspend access until it is paid. The content is not erased for that reason.

8. Availability and support

8.1. We work to keep the service available around the clock but do not guarantee a particular uptime. Planned maintenance that makes the service unavailable is notified in advance and as far as possible placed outside normal working hours.

8.2. Support is given by e-mail to hello@arkiflyt.app and through the feedback function in the app, on working days.

8.3. The database is backed up daily. The backups exist to restore the service after an incident, not to retrieve individual files the Customer itself has deleted.

9. Data protection

9.1. For personal data in the Customer’s content, the Customer is the data controller and we are the data processor. The data processing agreement is part of the agreement and is entered into by the Customer accepting these terms. No separate signature is required. Customers who need a signed copy receive one by writing to us.

9.2. For data we need to administer user accounts and the customer relationship, secure the service, invoice and keep usage statistics, we are ourselves the data controller. This is described in the privacy policy.

10. Sub-processors

10.1. We use sub-processors for operations, storage, e-mail, analytics and AI. Who they are, what they do and where is stated in the list of sub-processors.

10.2. Before we engage a new sub-processor or replace one, we notify the Customer’s administrators by e-mail at least 30 days in advance. The Customer may object to the change. If we find no solution, the Customer may terminate with effect from the change and be refunded prepaid fees for the period after. The Customer cannot require the service to continue with the old sub-processor.

10.3. We are liable for the sub-processors as for ourselves.

11. Confidentiality

The parties shall keep secret what they learn about each other’s business affairs and about the Customer’s content, and only use it to perform the agreement. The duty does not apply to what is generally known or what a party must disclose by law. It continues to apply after the agreement has ended.

12. Rights in the service

12.1. We and our licensors hold all rights in the service, the software and the documentation. The Customer receives a non-exclusive right to use the service in its own business for as long as the agreement runs.

12.2. Suggestions and feedback about the service may be used freely by us, without remuneration.

12.3. We do not use the Customer’s name or logo as a reference unless the Customer has agreed.

13. Term and termination

13.1. The agreement runs until it is terminated.

13.2. The Customer may terminate at any time, with effect from the end of the period paid for.

13.3. We may terminate with three months’ written notice. Prepaid fees for the period after termination are refunded.

13.4. Either party may terminate the agreement for cause if the other materially breaches it and has not remedied the breach within 30 days of written notice.

13.5. We may suspend a user or organisation temporarily when necessary to avert harm to the service or other customers, or on breach of clause 5. We give notice as soon as possible and reopen when the matter has been resolved.

14. When the agreement ends: export and erasure

14.1. For 30 days after termination, the Customer may ask to have its content provided in a common, machine-readable format: the documents as they were uploaded, and structured data as JSON or CSV. One export is included in the price.

14.2. We thereafter erase the Customer’s content, no later than 90 days after termination, and the backups no later than 30 days after that. We confirm the erasure in writing. What we must keep by law, such as accounting records, is excepted.

14.3. The Customer may also ask for an export while the agreement runs.

15. Liability

15.1. A party in breach of the agreement is liable for the direct loss the other party suffers as a result.

15.2. Neither party is liable for indirect loss, such as lost profit, lost savings, loss resulting from interruption of operations and claims from third parties, with the exception of claims caused by breach of clause 4 or 11.

15.3. A party’s total liability in a calendar year is limited to what the Customer has paid for the service in the twelve months before the loss arose.

15.4. The limitations do not apply in case of intent or gross negligence. Nor do they limit the liability a party has towards data subjects and supervisory authorities under the GDPR.

16. Force majeure

A party is not liable for circumstances beyond its control that it could not reasonably foresee or overcome, such as extensive outages at network or hosting providers, orders from authorities, war and natural events. The party shall notify the other without undue delay. If the obstacle lasts more than 60 days, either party may terminate with immediate effect.

17. Changes to the terms

17.1. The terms carry a version number and date. We notify the Customer’s administrators of changes by e-mail at least 30 days before they take effect.

17.2. If a change is to the Customer’s disadvantage, the Customer may terminate with effect from the change and be refunded prepaid fees for the period after. If the Customer uses the service after the change has taken effect, it is accepted.

17.3. Corrections of language and changes that only concern new features may be made without notice.

18. Assignment

We may assign the agreement to a company in the same group or to whoever takes over the business of which the service is a part, and then notify the Customer. The Customer may assign the agreement with our written consent, which shall not be withheld without due cause.

19. Governing law and venue

The agreement is governed by Norwegian law. Disputes not resolved by negotiation are decided by the ordinary courts, with Oslo District Court as the venue.

20. Contact

Arkiflyt AS, Liomveien 19A, 1362 Hosle, Norway. E-mail: hello@arkiflyt.app.